Why and When You Should Consider a Prenup After Marriage
Everyone likes to feel protected, and as the future is unknown it’s only natural to wonder if you missed the boat on a prenup after marriage. The good news is, it’s not too late! A prenuptial agreement after the marriage IS still possible and can hold guaranteed security — financial and otherwise — for many couples that are contemplating divorce or simply want to be protected from the unexpected. In this article, you will learn more about how a prenup after marriage works, and how Sinatra Legal’s South Florida family law firm can help you through this process.
What Is a Prenuptual Agreement?
A prenuptial agreement (or “prenup”) is a written contract created by two people before they are married, typically listing all of the property each person owns (as well as any debts) and specifying what each person’s property rights will be after the marriage.
Here are three reasons to consider a prenup after marriage and how to get one, according to an expert Chris A. Stachtiaris.
- Harmony: A post-nuptial agreement, although it seems unromantic, can actually help couples struggling with financial differences to keep their marriage intact, says Stachtiaris. A post-nuptial agreement can actually help couples stay together. According to Stachtiaris, if you constantly argue about your partner’s gambling debts, for instance, but your marriage is otherwise fine, you can stipulate that your debts are not their debts and vice versa. Sometimes, separating your finances can help eliminate one of your main arguments in order to live more harmoniously.
- A Way Out: If something were to ever happen to your marriage, the protection of a post-nuptial agreement can lift you out of desperation and keep you from staying in an unhappy marriage for the wrong reasons. You can use post-nuptial agreements to spell out the separation of your assets, what would happen to your assets and finances should you separate or divorce, and how the two of you would provide for your children after emancipation. (For example, would you both have to contribute to your child’s college education, even after they turn 18? If so, how much?)
- Peace of Mind: While the prenup or postnup can be controversial (maybe the person with fewer assets will feel threatened or attacked) if you both agree, a post-nuptial agreement can help you spell out (and cushion) your financial future. Knowing whether you get divorced or your spouse dies, for example, you will be financially stable.
On the other hand, if your marriage is strong, weigh the consequences of such an agreement. Some people would take such a request the wrong way. Consider your spouse’s feelings, talk it out, and be fair should you decide to go through with the post-nuptial agreement. When done correctly, post-nuptial agreements benefit both people.
Sinatra Legal is a full-service South Florida family law firm that delivers powerful results in excellence, working hard so you achieve the outcomes you are seeking. Schedule a consultation today and let’s get your questions answered: (561) 430-4121. You can also find us on Facebook.